Having spent time scouring online forums for a recommended solicitor in Malmesbury, most say that I should use a CQS kitemarked solicitor. Can you explain what CQS is?
Malmesbury Conveyancing Quality Scheme solicitors have been granted certification by the law Society CQS was established to establish evidence of quality standards in the in the legal transfer of properties. CQS helps consumers to identify practices who provide a quality residential conveyancing. Malmesbury is one of locations in England and Wales in which CQS have offices. The scheme obliges practices to undergo a strict assessment, compulsory training, self-certification, random audits and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Building Societies Association.
I can not work out if my lender requires a lease extension. I have called my Malmesbury building society branch on a couple of occasions and was reassured it wasn't a problem and they will lend. My Malmesbury conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend in accordance with their published requirements. Who do I believe?
Your conveyancer has to follow the CML Handbook Part 2 requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I recently had an offer accepted on a house in Malmesbury. My mortgage broker pressured me to appoint their conveyancing practitioner. I paid an upfront payment of £150. Not long after, the lawyer contacted me embarrassingly acknowledging that they were not on the TSB conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the TSB panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am due to exchange contracts on my flat. I had a double glazing fitted in August 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Nottingham are being a right pain. The Malmesbury solicitor who is on the Nottingham conveyancing panel is recommending indemnity insurance as a solution but Nottingham are requiring a building regulation certificate. Why do Nottingham have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nottingham have referred the matter to their valuer. The reason why Nottingham may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
My friend recommended that where I am buying in Malmesbury I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes quoted for as part of the standard Malmesbury conveyancing searches. It is not a small report of about 40 pages, listing and setting out important information about Malmesbury around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data concerning Malmesbury.
How does conveyancing in Malmesbury differ for new build properties?
Most buyers of new build property in Malmesbury come to us having been asked by the seller to sign contracts and commit to the purchase even before the residence is built. This is because house builders in Malmesbury tend to buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Malmesbury or who has acted in the same development.
I have been on the look out for a ground for flat up to £235,500 and found one close by in Malmesbury I like with open areas and transport links in the vicinity, the downside is that it only has 51 years on the lease. There is not much else in Malmesbury in this price bracket, so just wondered if I would be making a mistake purchasing a short lease?
If you need a mortgage the shortness of the lease will likely be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing owner has owned the property for a minimum of twenty four months you may request that they start the process of the extension and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this.
Is it simple use your search facility to select a conveyancing practitioner in Malmesbury on the panel for my mortgage?
Step one is to select a mortgage company such as HSBC Bank, Leeds Building Society or Godiva Mortgages Ltd then specify your preferred area a common one being Malmesbury. Conveyancing firms in Malmesbury and across England and Wales will then be identified.